U.S.A. v. Thomas

United States District Court, E.D. North Carolina

June 5, 2018

U.S.A.v.Robert Deshawn Thomas

PETITION FOR ACTION ON SUPERVISED RELEASE

Malcolm J. Howard Senior U.S. District Judge

COMES
NOW Peter J. Yalango, U.S. Probation Officer of the court,
presenting a petition for modification of the Judgment and
Commitment Order of Robert Deshawn Thomas, who, upon an
earlier plea of guilty to 21 U.S.C. §846, Conspiracy to
Distribute and Possess with Intent to Distribute Cocaine
Base; 18 U.S.C. §2113(a)(d), Armed Bank Robbery; and 18
U.S.C. §924, Use of a Firearm During and in Relation to
a Crime of Violence, was sentenced by the Honorable Malcolm
J. Howard, Senior U.S. District Judge, on October 14, 1998,
to the custody of the Bureau of Prisons for a term of 120
months. It was further ordered that upon release from
imprisonment the defendant be placed on supervised release
for a period of 5 years.

Robert
Deshawn Thomas was released from custody on August 19, 2013,
at which time the term of supervised release commenced.

A
Violation Report was submitted to Your Honor on May 12, 2014,
stating that the defendant submitted a urinalysis sample
which tested positive for marijuana on May 7, 2014. The
defendant was verbally reprimanded and it was recommended
that no further action be taken. Your Honor agreed with this
recommendation on May 13, 2014.

A
Petition for Action on Supervised Release was submitted to
Your Honor on July 30, 2014, stating that the defendant
submitting a urinalysis sample which tested positive for
marijuana on July 29, 2014. It was recommended that the
defendant's conditions of supervised release be modified
to confine the defendant to the Bureau of Prisons for a
period of 3 days. Your Honor agreed with this recommendation
and the defendant's conditions of supervised release were
modified on July 31, 2014. The defendant served his term of
imprisonment without incident.

A
Petition for Action on Supervised Release was submitted to
Your Honor on August 31, 2015, stating that the defendant
submitted a urinalysis sample which tested positive for
marijuana on July 8, 2015. It was recommended that the
defendant's conditions of supervised release be modified
to confine the defendant to the Bureau of Prisons for a
period of 3 days. Your Honor agreed with this recommendation
and the defendant's conditions of supervised release were
modified on September 1, 2015. The defendant served H his
term of imprisonment without incident. The defendant served
his term of imprisonment without incident.

A
Petition for Action on Supervised Release was submitted to
Your Honor on February 22, 2016, stating that the defendant
submitted a urinalysis sample which tested positive for
marijuana on February 11, 2016. It was recommended that the
defendant's conditions of supervised release be modified
to confine the defendant to the Bureau of Prisons for a
period of 5 days. Your Honor agreed with this recommendation
and the defendant's conditions of supervised release were
modified on February 23, 2016. The defendant served his term
of imprisonment without incident.

A
Violation Report was submitted to Your Honor on April 25,
2016, stating that the defendant submitted a urinalysis
sample which tested positive for marijuana on April 13, 2016.
It was recommended that no further action be taken due to the
fact that the defendant had not yet served his 5 day term of
imprisonment for his previous positive urinalysis test. Your
Honor agreed with this recommendation on April 25, 2016.

A
Petition for Action on Supervised Release was submitted to
Your Honor on January 23, 2018, stating that the defendant
submitted a urinalysis sample which tested positive for
marijuana on January 21, 2018. The defendant was enrolled in
substance abuse counseling at Integrated Behavioral
Healthcare Services and it was recommended that the
defendant's conditions of supervised release be modified
to allow the defendant to participate on mental health
treatment. Your Honor agreed with this recommendation and the
defendant's conditions of supervised release were
modified on January 24, 2018.

A
Violation Report was submitted to Your Honor on February 27,
2018, stating that the defendant had failed to comply with
his payment plan and was $546.00 in arrears. This officer
verbally reprimanded the offender and recommended no further
action be taken. Your Honor agreed with this recommendation
on February 28, 2018.

A
Violation Report was submitted to Your Honor on March 6,
2018, stating that the defendant was cited for Driving While
License Revoked in Wayne County, North Carolina on February
28, 2018. This officer verbally reprimanded the offender and
recommended no further action be taken. Your Honor agreed
with this recommendation on March 6, 2018.

A
Violation Report was submitted to Your Honor on March 22,
2018, stating that the defendant submitted a urinalysis
sample which tested positive for marijuana on March 8, 2018.
This officer recommended that no further action be taken.
Your Honor agreed with this recommendation on March 26, 2018.

RESPECTFULLY
PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS
FOLLOWS:

The
defendant submitted a urinalysis sample on May 25, 2018,
which tested positive for marijuana. The defendant admitted
to using marijuana on May 18, 2018. This is the third
positive urinalysis sample submitted by the defendant within
this year. The defendant has agreed to be placed on a curfew
monitored by radio frequency for 30 days as a sanction for
this new positive urinalysis sample. Our office will ...

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